UNITED STATES DISTRICT COURTEASTERN DISTRICT OF PENNSYLVANIAALEX SCHWARTZ, on behalf of )himself, and other U.S. residents similarly situated, )
) CIVIL ACTIONPlaintiffs, ))v. ) 10-CV-215
)MICROSOFT CORPORATION ))
Defendant. )AMENDED MOTION FOR LEAVE TO AMENDPLAINTIFFS’ SECOND AMENDED CLASS ACTION COMPLAINT
1. Plaintiffs filed a lawsuit against Defendant Microsoft Corporation on January 19, 2010,for reasons explained in Plaintiffs Third Amended Complaint attached hereto.2. Plaintiffs have stated that Defendant Microsoft’s alleged forum selection clause isunenforceable and invalid for several reasons and will respond to same after the attachedThird Amended Complaint (and Defendant’s Motion to dismiss same) is/are properlyfiled in the Eastern District of Pennsylvania. A brief discussion of this issue is addressedin Plaintiffs Memorandum of Law In Support of Plaintiffs Amended Motion For LeaveTo Amend Plaintiffs’ Second Amended Complaint. [See e.g. Plaintiffs Memorandum of Law in Support of Plaintiffs Amended Motion For Leave To Amend Plaintiffs’ SecondAmended Class Action Complaint attached hereto].3. Plaintiffs Motion For Leave is made in good faith and is not designed to delay proceedings. Plaintiffs Third Amended Complaint is not subject to dismissal or transfer as the alleged forum selection clause is invalid and unenforceable due to Microsoft’sfraud, Microsoft’s monopoly over Xbox digital goods/services/content, recent disclosures by Microsoft’s counsel regarding “hidden transaction costs” and the U.S. cash value of Microsoft Points, and the overall mandatory & proprietary use of the Microsoft Pointssystem to purchase X-box Live, Xbox Live Marketplace, Windows LIVE, Xbox 360, andZune digital goods and services.4. On March 18, 2010, the parties appeared before the Court for a pretrial conference.Thereafter, the parties failed to reach a stipulation agreement and Plaintiffs filed their Motion for Leave on March 25, 2010. On March 30, 2010, Defendants filed a responseto Plaintiffs Motion for leave and pointed out that Plaintiffs “failed to submit a brief insupport” of their motion. [See Dkt. No. 13, page 5, line 1] On or about March 31, 2010,Plaintiffs filed this Amended Motion For leave to include a Memorandum in Support of their Motion For Leave To File their Third Amended Complaint.5. Plaintiffs seek to obtain leave of Court to allow them to file a Third Amended ClassAction Complaint attached hereto.6. As a general proposition of law, leave to amend a pleading should be liberally grantedunless a compelling reason such as prejudice to an opposing party exists. See e.g. Fomanv. Davis, 371 U.S. 178, 182 (1962).
Case 2:10-cv-00215-WY Document 14 Filed 03/31/10 Page 1 of 3